Terms and Conditions - Cuscal Org

Terms and Conditions

Cuscal Connect Terms & Conditions

Please read the following Terms & Conditions, and click on the 'I Accept' button at the bottom of the page in order to use Cuscal Connect. You will only see this page the first time you login or when and if the Terms & Conditions change. However, you will always be subject to and will be deemed to have accepted the terms and conditions each time you login.

Please note, in addition to the terms below, your access to the Portal, including viewing and downloading information will be subject to Cuscal Limited's copyright and standard website access terms. By clicking your acceptance and proceeding to the site you agree to keeping the information you view confidential and to not sharing information or your password with unauthorised persons. In the event an Authorised User given a password leaves, you must ensure that his or her access to the site is removed.  While the information contained on this Portal  is based on information obtained from sources believed to be reliable, no guarantee or warranty is given that it is complete, accurate, up to date or fit for the purpose for which you require and nor should the information be considered a comprehensive statement by Cuscal on any matter, nor relied upon as such.

1. Access to Cuscal Connect Portal

1.1 Cuscal Connect Portal Description

Cuscal Connect Portal is Cuscal's secure online gateway to all commercial-in-confidence customer resources: tools, applications and information. It can be accessed by logging in via Cuscal's home page, www.cuscal.com.

1.2 Terms relating to Cuscal Connect Portal

(a) These Cuscal Connect Portal Terms will govern the Client's access to and use of Cuscal Connect Portal.

(b) These Cuscal Connect Portal Terms apply each time the Client (through an Authorised User) accesses Cuscal Connect Portal.

(c) Other provisions that govern the Client's use of the Cuscal Connect Portal Applications will be set out in the Supplemental Terms, which can be accessed via Cuscal Connect Portal.

1.3 Access to Cuscal Connect Portal

(a) In consideration for the Cuscal Connect Portal Fees, Cuscal grants the Client and its Authorised Users with access to the Cuscal Connect Portal.

(b) Only the Authorised Users who have obtained an ID/Password from Cuscal shall be entitled to access and use the Cuscal Connect Portal.

(c) If access to personal and/or sensitive information (such as credit card numbers and customer personal information) is required an Authentication Token for second-factor authentication must be requested and used by the Client, without which some functionality might be disabled or disallowed. For the purposes of these terms an Authentication Token is a security device given to an Authorised User to log in to the Cuscal Connect Portal, the security "card" or "token" displaying a changing number code that is typed in as the password in addition to the primary password being used.

(d) Cuscal Connect Portal will be deemed to be available from 7.00am to 9.00pm (Sydney Time), 7 days a week. Support is available by Cuscal from 8.00am to 6.00pm (Sydney Time) on business days. There is no technical support available outside these hours.

(e) Except as authorised in writing by Cuscal, the Client must not allow or permit any third party to connect, link or interface with Cuscal Connect Portal whether through an independent software, product, solution or otherwise, and must not use Cuscal Connect Portal for any purpose other than the purpose for which Cuscal Connect Portal was designed.

(f) All right, title and interest (including all copyrights and any intellectual property rights) in the Cuscal Connect Portal and any Cuscal Connect Portal Applications belong to Cuscal or to Cuscal's third party suppliers, and the Client acquires no ownership of copyright or any other intellectual property rights or proprietary interest in the Cuscal Connect Portal or any Cuscal Connect Portal Applications.

2. Security and maintenance

2.1 Cuscal¿s Security Obligations

(a) Cuscal shall use industry-accepted security measures for the purpose of protecting the integrity and security of Cuscal Connect Portal, including adherence with the PCI Security Standards, and will ensure that the security of Cuscal Connect Portal is regularly reviewed and updated in accordance with current industry standards.

(b) Notwithstanding the security preventative measures undertaken by Cuscal, Cuscal does not guarantee the absolute security of Cuscal Connect Portal against hackers or rogues that are using the Internet to perpetrate fraud, or for any other improper purpose, and the Client acknowledges and accepts the operational risk of using Cuscal Connect Portal.

(c) Cuscal may, from time to time, shut down Cuscal Connect Portal in order to maintain it or enhance its security. Cuscal will provide the Client with prior notice of such shut down, however, if the shut down is required for urgent upgrade or maintenance for security reasons, Cuscal will provide notice of such shut down as soon as it is reasonably practicable. Notice under this clause may be provided on the Cuscal Connect Portal website or by email.

2.2 Client¿s Security Obligations

(a) Client will be responsible for the use, supervision, management and control of the Cuscal Connect Portal and access to it by Authorised Users, and will ensure at all times that access to the Cuscal Connect Portal is protected at all times from misuse, damage, destruction or any form of unauthorised use.

(b) Client must ensure that each person having access to the Cuscal Connect Portal and any Cuscal Connect Portal Application:

(i) is an Authorised User; and

(ii) is using the Cuscal Connect Portal and any Cuscal Connect Portal Application only in accordance with the Cuscal Connect Portal Terms, and any Supplemental Terms.

(c) Any ID/Password or Authentication Token that is provided to an Authorised User is confidential and personal to that Authorised User, and must be guarded and protected against misuse or disclosure. The Client is responsible for the security of all ID/Passwords issued to it or to its Authorised Users.

(d) The Client must immediately advise Cuscal if the Client or an Authorised User:

(i) becomes aware of any delays or errors in Cuscal Connect Portal or any of the Cuscal Connect Portal Applications being accessed by it; or

(ii) believes that there has been fraudulent or improper use of Cuscal Connect Portal or any Cuscal Connect Portal Applications; or

(iii) becomes aware or suspects that an ID/Password has become known to a person who is unauthorised to use or know the ID/Password.

(iv) changes if an Authentication Token is being used or if an Authentication Token is no longer required; or

(v) becomes aware of any  activity that might indicate that there may be a compromise or breach of the Cuscal Connect Portal.

(e) The Client must not try to explore or test a suspected weakness. Testing weaknesses is interpreted as a misuse of Cuscal Connect Portal. If the Client thinks that the security of the Client's access to Cuscal Connect Portal has been compromised, or an unauthorised use of Cuscal Connect Portal has been made, the Client should notify Cuscal immediately by telephoning CallDirect during business hours. Cuscal will acknowledge such notification by giving the Client a reference number that verifies the date and time of contact.

(f) Whilst using Cuscal Connect Portal, the Client agrees not to, and must ensure that any third parties or Authorised Users do not:

(i) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by Cuscal Connect Portal;

(ii) Spam Cuscal Connect Portal;

(iii) Modify, adapt, sub-licence, translate, sell, reverse engineer, decompile or disassemble any portion of Cuscal Connect Portal;

(iv) "Frame" or "mirror" any part of Cuscal Connect Portal without our prior written authorisation;

(v) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Cuscal Connect Portal;

(vi) Otherwise interfere with, or disrupt Cuscal Connect Portal; and/or

(vii) Intentionally or unintentionally violate any applicable local, state, national or international laws, regulation, regulatory guideline or judicial or administrative interpretation relevant or applicable to Cuscal Connect Portal.

2.3 Authentication Tokens ("Tokens")

(a) If a Token is issued to a Client for use by an Authorised User, the Client must ensure that the Token is:

(i)  protected from unauthorised users at all times;

(ii) unique to the Authorised user it is provided to;

(iii) kept secure to prevent loss/theft;

(iv) used in conjunction with a PIN that adheres to Cuscal security guidelines

(b) If the Client needs a Token to be re-issued, Client will be responsible for any  costs that will  apply

(c) If a Token ceases to work at any time, Cuscal will replace it on request on the proviso that the original Token is first returned to Cuscal.

(d) any transaction or operation performed with a Token will be logged on Cuscal¿s systems for security purposes

2.4 Support and maintenance for Cuscal Connect Portal

(a) In the event that there is a breakdown or interruption to Cuscal Connect Portal the Client should make telephone enquiries to CallDirect.

(b) In consideration for the Cuscal Connect Portal Licence Fee, Cuscal shall provide the Client with the following services:

(i) maintenance for Cuscal Connect Portal;

(ii) enquiries with respect to the operation of Cuscal Connect Portal;

(iii) dispute and problem resolution in relation to the Cuscal Connect Portal Licence.

(c) Cuscal will endeavour to minimise the interruption to Cuscal Connect Portal, however, some preventative maintenance or reaction maintenance may be necessary on short or no notice.

3. Liability

3.1 Client's liability

(a) At all times, Client is solely responsible and liable for compliance with the Cuscal Connect Portal Licence, compliance with the Cuscal Connect Portal Terms and any access to Cuscal Connect Portal when such an access uses the ID/Password provided by Cuscal to an employee of the Client, even if such an access is unauthorised.

(b) The Client acknowledges that notwithstanding security protocols implemented by Cuscal, the security of electronic communication cannot be guaranteed and, subject to any other provision of the Cuscal Connect Portal Terms, the Client is solely liable for any losses or damages suffered by the Client due to the use of that electronic communication.

(c) Cuscal will not be liable, and the Client expressly releases Cuscal from any liability arising out of:

(i) any unauthorised access to Cuscal Connect Portal, unless it can be shown that Cuscal was negligent in allowing such unauthorised access; and

(ii) the Client failing to advise Cuscal of staff changes, user access changes or its own computer system maintenance.

(d) The Client indemnifies Cuscal against any loss or damage that it may suffer due to any claim, demand or action of any kind brought against Cuscal arising directly or indirectly as a result of the Client or an Authorised User breaching the Cuscal Connect Portal Terms or acting negligently or fraudulently.

3.2 Cuscal¿s liability

(a) This clause 3.2(a) does not apply to the extent that it is inconsistent with or contrary to any applicable Law.

(b) Cuscal shall not be liable for any loss or damage whatsoever (whether in tort, contract or under common law), that the Client may suffer as a result of using Cuscal Connect Portal, other than loss that is a direct result of Cuscal's negligence or wilful misconduct.

(c) Cuscal does not guarantee and will not be liable for any third party attack on Cuscal Connect Portal irrespective whether these attacks are the result of hackers or rogues using the Internet unless it can be shown that Cuscal was negligent in its duties. The fact that Cuscal's security measures or systems could not withstand such attacks does not constitute proof of negligence.

(d) If liability is imposed on Cuscal then to the extent that it is permissible under relevant Law, the maximum liability that may be imposed on Cuscal is to resupply the services under Cuscal Connect Portal and in no event shall any monetary award against Cuscal exceed the Cuscal Connect Portal Fees paid by the Client to Cuscal.

4. Changing these terms and cancellation of access

4.1 Changes to Cuscal Connect Portal Terms

(a) Cuscal may change the terms and conditions in this document from time to time, by providing the Client at least 30 days notice before the effective date of changes. Notice under this clause [8] may be effected by posting a notice on the Cuscal Connect Portal, or by email.

(b) Cuscal is not obliged to give the Client advance notice if a variation is required due to security breaches; upgrade; to prevent fraud; is required by third parties; to protect its proprietary software and intellectual property; or a change in Law.

(c) Cuscal Connect Portal Applications and new features may be added to or withdrawn from Cuscal Connect Portal, or may otherwise be changed by Cuscal. Cuscal will provide as much notice as reasonably practicable of such changes.

4.2 Cancellation of Cuscal Connect Portal access

(a) The Client may cancel its access to Cuscal Connect Portal at any time by giving Cuscal no less than [30] days written notice.

(b) Cuscal may immediately cancel or suspend the Client¿s or an Authorised User's access to Cuscal Connect Portal at any time for security reasons or if there is a threat of security breach to Cuscal Connect Portal. If the Client breaches any of the Cuscal Connect Portal Terms, Cuscal may determine that this is a security concern and cancel the Client's access to the Cuscal Connect Portal forthwith.

(c) Cuscal may cancel the Client's or an Authorised User¿s access to Cuscal Connect Portal without reason by giving the Client no less than [60] days notice.

(d) The Client¿s access to Cuscal Connect Portal may be terminated immediately if the Client does not pay the Cuscal Connect Portal Fees; or if the Client fails to rectify a breach of the Cuscal Connect Portal Fees within 7 days of being requested to do so in writing by Cuscal.

(e) Upon termination of the Client's access to Cuscal Connect Portal:

(i) the Client and all Authorised Users shall immediately cease accessing Cuscal Connect Portal;

(ii) any Confidential Information and documents relating to Cuscal Connect Portal shall be returned to Cuscal.

1. Definitions

Authorised User means an employee of the Client, who has been granted access tothe Cuscal Connect Portal. For the avoidance of doubt, only an employee of a Client can become an Authorised User.

CallDirect is Cuscal's customer call centre and the first point of contact for operational and transaction enquiries. CallDirect can be contacted on 1300 650 501 (or such other number as may be advised to the Client from time to time. Operating hours are 8:30am to 6:00pm (AEST) Monday to Friday.

Client means a customer of Cuscal who has executed the Standard Terms and Conditions.

Cuscal Connect Portal means the internet based facility that enables the Client to access the Cuscal Connect PortalApplications.

Cuscal Connect Portal Applications means the items and features made available to the Client through Cuscal Connect Portal, including the viewing, storage, archiving, and retrieving of statements of account and other items, the rediDC application, the DE Online application, and any other features or applications that may be added from time to time.

Cuscal Connect Portal Fees means the fees payable by the Client to Cuscal for access to the Cuscal Connect Portal, as set in the Standard Terms.

Cuscal Connect Portal Terms means the terms and conditions set out in this document.

PCI Security Standards means the security standards set and governed by the Payment Card Industry Security Council, including:

(a) Data Security Standard (PCI DSS), which applies to the storage, processing or exchange of cardholder data;

(b) Payment Application Data Security Standard (PA-DSS) which apply to software applications that process cardholder data;

(c) PIN Transaction Security (PTS) requirements, which apply to the security of cardholder data at the point of interaction, such as at an ATM or EFTPOS terminal.

Standard Terms means the document titled Standard Terms and Conditions for Cuscal Products and Services, as executed between Cuscal and the Client.

Supplemental Terms means any specific terms and conditions which may apply to the use of a Cuscal Connect Portal Application.